Jon Tester, U.S. Senator for Montana

Burns Abandoned Thousands Of Vulnerable Women And Children As He Worked To Deliver Millions For Abramoff . . .

Senator Burns voted against cracking down on heinous sweatshop conditions for young women and children while loosening America’s borders to a known conduit of methamphetamines.

1. More Of The Same

As Montanans now know, if there is one thing Senator Burns has clearly mastered throughout CQ, 5/23/01; Senate Report, S107-028; Billings Gazette, 12/3/05]

Burns Met With “Team Abramoff” Lobbyist Just Before CNMI Vote. In May 2001, just before the Mariana Islands vote came before Burns’ committee, Sen. Burns met with “Team Abramoff” lobbyist Todd Boulanger. [AP, 12/6/05]

Before Accepting Abramoff-Related Contributions, Burns Had Voted To Strengthen Immigration And Labor Laws In The Marianas. In a recorded roll call vote in 1998, Burns voted to strengthen immigration and labor laws in the Mariana Islands. In Committee in 1999 and again before the full Senate in 2000, Burns joined his colleagues in approving legislation to extend federal oversight over the Northern Mariana Islands by unanimous consent. Confronted later as to why he didn’t object to the 2000 vote, Burns said, “Not always can it be assumed that a piece of legislation that passes on unanimous consent can you definitely say, ‘That’s a yes vote.’” But on the day of the unanimous consent, Sen. Bingaman made clear that the bill was reported out of Committee “with no dissenting opinions expressed.” [Energy and Natural Resources Committee Markup, 5/20/98; CQ, 5/20/98; Energy and Natural Resources Committee Markup, 10/20/99; Congressional Record, 2/7/00; Billings Gazette, 12/3/05; Congressional Record, 2/7/00]

Jack Abramoff Made $11 Million Lobbying For CNMI Sweatshops, Killing CNMI Labor And Immigration Reforms. According to Ms. magazine, convicted felon Abramoff made $11 million in lobbying fees from CNMI garment manufacturers and the government of CNMI between 1995 and 2004. Although members of both houses of Congress and both political parties repeatedly pushed to bring the Marianas under federal immigration and minimum wage laws, not a single one of at least 29 bills succeeded. “Our team has combated and defeated every single attack on the CNMI,” Abramoff wrote to [CNMI Governor Pedro] Tenorio in 2001. [Ms. magazine, spring 2006]

This Time However, Burns’ Vote Didn’t Just Help His K Street Buddies, It Had Devastating Effects On The Lives Of Thousands Of Women And Children Living In The Marianas

Marianas Garment Workers Work In “Indentured Servitude.” According to a new investigative report on garment workers in the CNMI in the spring 2006 issue of Ms. magazine, “In a situation akin to indentured servitude, workers cannot earn back their recruitment fee and pay annual company supplied housing and food expenses of about $2,100 without working tremendous hours of overtime. Before being able to save her first dollar, a worker who owes, say, $5,000 to her recruiter has to work nearly 2,500 hours at Saipan’s current minimum wage–which equals six more 40-hour workweeks than exist in a year.” [Ms. magazine, Spring 2006]

Lax Immigration Laws In CNMI Led To Abusive Conditions. According to Ms. magazine, “Most guest workers here are from poor Asian countries: China, the Philippines, Bangladesh, Thailand. Most have only a third- or fourth-grade education.” The article states, “The guest worker designation means that these foreign laborers can remain on the islands for an indefinite period but are not eligible for U.S. citizenship. If workers complain about conditions, not only can they be terminated at the whim of their employer, but because they’re exempt from U.S. immigration law, they can be summarily deported.” [Ms. magazine, Spring 2006]

Many Former Garment Workers Forced To Work As Sex Slaves. According to Ms. magazine, “If the legitimate tourist industry can’t provide for these workers, many of them will end up feeding the island’s other lucrative, burgeoning industry: sex tourism.” The article states that an estimated 90 percent of the island’s prostitutes are former Chinese garment workers. The foreign employees have no rights, and this, paired with a lack of government intervention, creates a “breeding ground for slavery,” according to an expert on sex trafficking. The article continues, “The saddest tale we’re told in the Marianas comes from a 24-year-old Filipina who is afraid to give her name. She and the 22-year-old woman sitting on a couch beside her came to Saipan last fall after recruiters offered them $400 a month to work as waitresses. Her 14-month-old son had died of dehydration the year before when she didn’t have enough money for his medication. So, she couldn’t turn down the recruiters, she whispers, because she believed it would enable her to provide a better life for her surviving 3-year-old son. But, ‘they forced me to work like a prostitute,’ she says. They were expected to have sex with as many as four men per day and given but one daily meal of noodles. ‘The boss lady told me if I don’t work, I won’t return back to the Philippines or see my son, and they will file a complaint and I’ll go to jail.’” [Ms magazine, Spring 2006]

An ABC 20/20 Detailed The Horrible Conditions On The Marianas Islands. An ABC 20/20 Special reported, “How could this happen on American soil? Workers locked in squalid dorms, some cheated out of their meager salaries, women forced to choose between abortion and their jobs? Clothing manufactured on an island in the middle of the Pacific called Saipan, in factories — as we saw with our hidden cameras — jammed full of low-cost workers brought in from China, putting in 14-hour days under often miserable conditions, making clothes under contract for the American market.” Allan Stayman, an official with the Department of the Interior said, “Sometimes you have to ask yourself, ‘What’s going on out there?’ There are things going on that really shouldn’t be going on on American soil. This is huge growth, an $800 million-a-year business employing over 15,000 people and, in fact, putting probably 15,000 Americans out of work.” [ABC, 20/20, 3/13/98]

Three Years Later, After Republicans Took Control of the White House, Abramoff Got Stayman Fired From His Job. For five years, Allen Stayman wondered who ordered his removal from a State Department job negotiating agreements with tiny Pacific Island nations — even when his own bosses wanted him to stay. Now he knows. New e-mails show that Abramoff, whose client list included the Northern Mariana Islands, had long opposed Stayman’s work advocating labor changes in that U.S. commonwealth, and considered what his lobbying team called the “Stayman project” a high priority. “Mehlman said he would get him fired,” an Abramoff associate wrote after meeting with Mehlman, who was then White House political director. [LA Times, 10/15/06]

2. No Shame

Before Burns switched his stance and voted against tougher labor and immigration laws in The Marianas Islands, multiple reports had been issued about the devastating conditions under which women were being forced to work and live. In fact, one of the reports was commissioned by The Department of Interior at the same time that Burns sat on the subcommittee. Furthermore, Burns’ own chief of staff, Leo Giacometto, had been sent on an “education trip” including tours of the sweathsops. Whatever knowledge Burns had of the horrifying conditions in The Marianas was enough to make him vote for tighter immigration and labor laws the first time, yet after thousands in Abramoff-related donations and continuing reports of a mismanaged government, Burns changed his vote in favor of his special interest buddies.

Burns Chief Of Staff Visited The Marianas For An “Education Trip” — And Some Golfing

Burns’ Aide Visited Marianas on Education Trip. In December 1997, Burns’ Chief Of Staff, Leo Giacometto, visited the Commonwealth of the Northern Mariana Islands (CNMI) through a trip paid for by the government of CNMI. Because the trips were paid for by the CNMI government, the trips — costing roughly $5,000 per visitor — are not publicly disclosed. Jack Abramoff’s firm was retained to lobby for the islands and Abramoff said the trips were part of “an aggressive campaign to educate” members of Congress and Congressional staffers, but the trips also reportedly included rounds of golf. [Roll Call, 12/15/97; Pacific Daily News, 10/7/05]

Abramoff Trips Included Golfing And Tours Of Sweatshops. In December of 1997, Tom DeLay, possibly on the same trip as Burns’ chief of staff, “joined a growing list of congressional visitors who traveled to Saipan on ‘fact-finding’ missions and rounds of golf — arranged as part of a package the island government and Saipan garment manufacturers had paid lobbyist Jack Abramoff to set up, with one goal in mind: Win friends in Congress. The Saipan factory DeLay had visited was one of the Tan Holdings companies the U.S. Department of Labor had sued, alleging that workers from China were underpaid and worked in sweatshop conditions, according to Pacific Daily News files. The lawsuit led to a $9 million settlement in 1992.” [Pacific Daily News, 10/7/05]

And Burns Must Have Known That What Was Happening In The Marianas Was Wrong When He Voted To Strengthen Labor Standards The First Time . . .

And Multiple Reports Had Already Detailed The Horrific Living Conditions In The Marianas Before Burns Voted Against Strengthening Federal Regulations On The CNMI

Forced Prostitution And Human Trafficking . . .

DOI Investigation Found Marianas To Be A Trafficking Point For Young Females — Even Minors. According to the report released from the DOI, “It appears that the CNMI is becoming a trafficking point for the movement of young females, including minors, from third world countries to affluent Asian destinations such as Japan and Hong Kong to be exploited in the sex industries.” The report goes on to explain that women were led to believe that they would get legitimate jobs in America, however, these dreams were crushed by the terrifying reality of the human trafficking and sex industry in CNMI. [CNMI Labor And Human Rights Abuse Status Report, February 1998]

Many Of The Women Forced Into Prostitution Are Only Teenagers. Many of the women who work here are only teenagers. Many under age, like Katrina, not her real name, who was 14 when she was recruited from the Philippines. Katrina told federal investigators that she signed this official Saipan government affidavit, thinking she was going to be a waitress and ended up forced into live sex acts on stage. Steve Gallster, the Executive Director of the Global Survival Network called what goes on in the Marianas as “forced prostitution.” [ABC 20/20, 5/24/99]

The Governor Of The Marianas Admitted Knowing of the Forced Prostitution. In a 20/20 interview, the Governor of the Northern Mariana Islands admitted knowing of the forced prostitution. When asked about if he knew about women being brought to the Marianas and forced into prostitution, then-Governor Tenorio replied, “I’m aware of that. Yes, I am aware of that.” [ABC 20/20, 5/24/99]

Forced Abortions . . .

“Workers Locked In Squalid Dorms . . . Cheated Out Of Their Meager Salaries, Women Forced To Choose Between Abortion And Their Jobs?” How could this happen on American soil? Workers locked in squalid dorms, some cheated out of their meager salaries, women forced to choose between abortion and their jobs? Clothing manufactured on an island in the middle of the Pacific called Saipan, in factories — as we saw with our hidden cameras — jammed full of low-cost workers brought in from China, putting in 14-hour days under often miserable conditions, making clothes under contract for the American market. Allan Stayman, an official with the Department of the Interior said, “Sometimes you have to ask yourself, ‘What’s going on out there?’ There are things going on that really shouldn’t be going on on American soil. This is huge growth, an $800 million-a-year business employing over 15,000 people and, in fact, putting probably 15,000 Americans out of work.” [ABC, 20/20, 3/13/98]

A Worker Who Refused to Get An Abortion Was Barred From Working. According to 20/20 interviews, several of the cases the government says it’s documented (on forced abortions) were at this factory, the one with the contract to make Ralph Lauren Polo T-shirts. This Chinese woman, Tu Tao May (ph), made T-shirts and pants at the factory until she became pregnant.
TU TAO MAY: (through translator) When I told them I was pregnant, they tell me to have an abortion.
BRIAN ROSS: (voice-over) Tu Tao May said she refused to have the abortion and now has now been barred from entering the factory. And you’re going to have your baby?
TU TAO MAY: (through translator) Yes.
BRIAN ROSS: Will you get your job back then?
TU TAO MAY: (though translator) Cannot.
BRIAN ROSS: (voice-over) Cannot get her job back, she says. [ABC, 20/20, 3/13/98]

Later Reports Have Shown That Pregnant Garment Workers Are Forced To Have Abortions. According to Ms. magazine, “According to a 1998 investigation by the Department of Interior Office of Insular Affairs, a number of Chinese garment workers reported that if they became pregnant, they were ‘forced to return to China to have an abortion or forced to have an illegal abortion’ in the Marianas.” The article continues, “With few economic options, pregnant workers often feel they have no choice but to visit one of Saipan’s underground abortion providers. At least four acupuncture clinics offer pills to induce abortions, according to a local translator and former garment worker. ‘I’ve driven four Chinese women to get abortions here,’ he says, pointing to an inconspicuous cement building with red Chinese lettering and an English sign that reads ‘Acupuncture, Herbs, Massage Oils.’ ‘I see girls whose bleeding did not stop, and on two incidents I had to take the girls to the hospital.’” [Ms. magazine, spring 2006]

Inadequate Work And Living Situations . . .

The United States Department Of Interior Conducted An Investigation Finding Substandard Living Conditions, Severe Malnourishment, And Violence In The Marianas — None Of Which Were Being Addressed. The problems faced by the unemployed legal and illegal population of foreign contract workers in the CNMI include fraudulent recruitment practices, substandard living conditions, severe malnourished, and health problems, and unprovoked acts of violence being inflicted upon foreign contract workers that are not being addressed by an ineffective CNMI labor and immigration system. [CNMI Labor And Human Rights Abuse Status Report, February 1998]

More Than 1,000 Workers Were Made Sick By Food Poisoning At a Willie Tan Factory. More than 1,000 workers made sick by suspected food poisoning at one of the biggest and supposedly best-run factory on the island, owned by the politically prominent Willie Tan. A lawyer for Tan said the factory is well run and no sweatshop and suggested to Saipan TV station KMCV that it might be sabotage somehow connected to the lawsuit. [ABC 20/20, 5/24/99]

Loss Of Personal Rights . . .

Workers In the Northern Mariana Islands Are Forced To Give Up Personal Rights Including Signing Secret Agreements Barring Political Activity, Religious Activity, Falling in Love or Getting Married. In fact, American authorities have discovered many Chinese workers are forced to sign secret agreements, known as shadow contracts, before they leave China, severely and, in some ways, illegally restricting their activities while on American soil. For example, in this agreement, translated into English by American authorities, workers are forbidden to participate in any religious or political activity, or to ask for a salary increase, or even to fall in love or get married, much as might be the case in Mainland China. [ABC, 20/20, 3/13/98]

And Even After Knowing All This — And With A Little Influence From Team Abramoff, Burns Changed His Vote Opposing Tighter Regulations That Would Help These Helpless Women And Children

Burns Voted Against Tighter Regulations In The Marianas; Was One Of Only Four Committee Members To Oppose Increasing Federal Control Over Mariana Islands. On May 23, 2001, six days after his meeting with Boulanger, Burns was one of only four members of the Energy and Natural Resources Committee to oppose legislation that would increase federal control of immigration in the Commonwealth of the Northern Mariana Islands. According to the committee report, S. 507 contained identical language to the bill passed out of committee the previous session, which Burns had previously supported. According to news reports, Burns took the unusual step of requesting a roll call vote on the bill, so that his vote would be part of the record. [Senate Energy and Natural Resources Committee Markup, 5/23/01; CQ, 5/23/01; Senate Report, S107-028; Billings Gazette, 12/3/05]

3. And Hurting Montana Along The Way

When Burns switched his vote about regulations in the Marianas, he didn’t just abandon the needs of thousands women and children in CNMI, he also put America’s borders at risk. Reports have shown that a lack of regulations in the Marianas puts our country at risk for serious threats including terrorists and the smuggling of meth. When Burns let Jack Abramoff buy his vote for the Marianas Islands, he abandoned the needs of millions of people who had trusted him to protect their best interests. Montanans deserve better.

Leaving Our Borders Vulnerable To Terrorists . . .

CNMI Immigration Policy Puts American Military Facilities At Risk To Terrorist Attack. The 2002 DOJ report states, “Guam and the CNMI offer a target-rich environment for terrorist activity. Federal law enforcement agencies, military facilities, visiting U.S. Navy vessels [including nuclear submarines], munitions storage facilities, fuel storage sites, MPSs and military personnel, all constitute sizeable and attractive terrorist targets. [Department of Justice Report On Security in Guam and CNMI, 2002]

Federal Officials Cite Lack Of Federal Control Over CNMI Immigration As The Single Largest Security Threat In Guam And Marianas. A 2002 Department of Justice report on security in CNMI and Guam states, “The CNMI has the responsibility over its own immigration as well. There is no Federal INS oversight in CNMI” A footnote adds, “This was the single most cause of concern expressed by all Federal law enforcement officials.” In the report’s recommendations to federal officials for improving security in Guam and the CNMI, the number one recommendation is that Congress and federal authorities reform immigration policy to regain federal control. [Department of Justice Report On Security in Guam and CNMI, 2002]

Report Says CNMI A Threat For Illegal Immigration. According to an April 2006 story in Guam’s Pacific Daily News, “Abramoff’s Commonwealth of the Northern Mariana Islands involvement has raised national security implications, a federal source said. At issue, said the source, speaking on condition of anonymity, is the CNMI’s local control of its borders. Foreigners entering the CNMI don’t go through the stringent application process non-U.S. citizens go through at U.S. embassies to get visas to enter the United States, including Guam. Rota and other islands in the CNMI have been the launching points from which illegal immigrants are smuggled into Guam, according to a 1999 federal government report before the post 9-11 security worries. The CNMI island closest to Guam, Rota, is visible from Mount Santa Rosa on northern Guam.” [Pacific Daily News, 4/12/06]

CNMI Is “Pivotal Site Of Drug And Alien Smuggling” Into U.S. The 2002 DOJ report states, “Guam has one U.S. Coast Guard cutter which patrols 126 kilometers of shoreline. Federal statistics show that illegal alien smuggling increases on Guam during those periods when this vessel is in port for repairs. In contrast, the CNMI, has almost 1500 kilometers of coast line, but no assigned Federal or territorial coastal patrol capability. Consequently, the CNMI is often a pivotal site of drug and alien smuggling into Guam and the continental U.S.” [Department of Justice Report On Security in Guam and C.N.M.I, 2002]

Weakening Our Fight Against Meth . . .

Lack Of Immigration Control On C.N.M.I. Has Lead To Foreign Organized Crime Trafficking Meth Into U.S. The report states, “On Guam and CNMI the most common illegal activities are public courruption, the importation and sale of crystal methamphetamine or ‘Ice,’ and immigration crimes. These criminal activities take on entirely unique perspectives when viewed against a background in which the Federal government has no jurisdiction for immigration and customs control and the local agencies that do are susceptible to corruption and influence from within their territorial governments.” The report goes on to state, “Despite the best efforts of Federal officials, the drug trade continues to prosper. ‘Ice,’ or crystal methamphetamine, is produced cheaply in the Philippines, Taiwan, China, Korea and even Mexico and smuggled into Guam, the CNMI and the Continental U.S. The particular type of ‘Ice’ encountered is usually 90% pure and highly addictive. An analysis of the patterns and distribution of drug activity reveals an increased involvement of foreign organized crime.” [Department of Justice Report On Security in Guam and C.N.M.I, 2002]

Congressional Reports Show CNMI Immigration Policy Also Weakens The Fight Against Meth. According to a Congressional report, concerns have also arisen over the use of the Northern Marianas for importation and transhipment of drugs. The June 17, 1999 Marianas Variety reported the Finance Department’s Division of Customs to have confiscated over $2.5 million of crystal methamphetamine in 1998 with an increasing number of drug arrests. A related concern raised by the Administration has been the ability of the CNMI to exclude individuals, especially members of organized crime from Japan and China. The CNMI does not have a data base to screen immigrants, and accomplishes most of its screening on arrival. The Federal Government, however, for those countries that require visas, does its screening in the foreign country. Federal law enforcement agencies have cited security concerns as a major impediment to sharing information with the CNMI government. [Senate Report Accompanying S. 507, 107-23, 6/5/01]

Jon Tester for U.S. Senate